Importer Bral failed to clear the three-prong test needed to make a valid claim for an allowance in value for imports of plywood, the U.S. argued in an Oct. 3 reply brief at the Court of International Trade over its cross-motion for judgment. While Bral is correct that it does not make commercial sense to contract for defective goods, the importer needs to prove at a minimum that it entered into a contract with the overseas plywood producer for a good of specific qualities that is to perform in a certain way -- a bar Bral failed to meet, the brief said (Bral Corporation v. U.S., CIT #20-00154).
CBP filed remand results in an Enforce and Protect Act case at the Court of International Trade Oct. 3, continuing to find products from importers Ikadan System USA and Weihai Gaosai Metal are subject to the antidumping and countervailing duty orders on steel grating from China. The U.S. had filed a voluntary remand request to add the record of the Commerce Department's scope ruling to the record, but after putting it on the record, CBP stuck to its guns on the evasion finding, declaring that the scope ruling supported its initial decision (Ikadan System USA v. U.S., CIT #21-00592).
The Supreme Court's decision in West Virginia v. EPA demands that the U.S. Court of Appeals for the Federal Circuit reconsider its decision finding that a protest with CBP is needed to retroactively apply Section 301 duty exclusions, the appellants and importers ARP Materials and Harrison Steel Castings argued in an Oct. 4 brief. Seeking reconsideration at the appellate court, ARP and Harrison said that the Federal Circuit's opinion does not consider the EPA case, which embraced the "major questions doctrine" -- the idea that federal agencies need explicit congressional approval to regulate issues fundamental to the economy (ARP Materials v. United States, Fed. Cir. #21-2176).
The Court of International Trade in an Oct. 4 opinion ruled that CBP properly classified net wraps used for bailing hay as a warp knit fabric under Harmonized Tariff Schedule subheading 6005.39.00. Judge Mark Barnett ruled against classification under plaintiff RKW Klerks' preferred subheading 8433.90.50 as "parts" of "harvesting or threshing machinery."
The following lawsuit was recently filed at the Court of International Trade:
The following lawsuits were filed at the Court of International Trade during the week of Sept. 26 - Oct. 2:
Importer TCW Trends and the U.S. signed a stipulation of dismissal submitted Sept. 30 to the Court of International Trade in a customs spat over men's knit tops and pants. TCW filed the case to argue that its tops and pants were made in a Qualifying Industrial Zone in Alexandria, Egypt, making the goods eligible for preferential duty-free treatment under General Note 3(a)(v) of the Harmonized Tariff Schedule. The entries were liquidated under HTS subheading 6103.43.15 and 6105.20.20. TCW Trends argued that CBP's finding that the merchandise didn't meet the duty-free eligibility requirements under the QIZ program was contrary to law (TCW Trends v. United States, CIT #12-00166).
Surety company American Home Assurance Co.'s (AHAC's) affirmative defense of laches requires it to prove that it suffered prejudice given the government's delay in commencing a legal action over uncollected antidumping duties. AHAC has failed to do so and thus cannot make its laches claims, the U.S. argued in a Sept. 28 reply brief at the Court of International Trade. The surety company has failed to show either defense or economic prejudice in arguing that the case should be dismissed since it was filed beyond the statute of limitations to collect the duties under the bond, the U.S. said (United States v. American Home Assurance Company, CIT #20-00175).
The following lawsuit was recently filed at the Court of International Trade:
The fact that the Commerce Department verified non-use of China's Export Buyer's Credit Program in two administrative proceedings speaks to the validity of its verification process, the U.S. said in a Sept. 28 reply brief at the Court of International Trade. Asking the trade court to uphold its use of adverse facts available for countervailing duty respondents' failure to submit full questionnaire responses issued on remand over the EBCP, the government argued that the fact that it verified non-use administratively in other cases shows the need for the requested information (Dalian Meisen Woodworking Co. v. United States, CIT #20-00110).